NEW JERSEY ZINC CO. v. F.E.R.C.

Nos. 87-1262, 87-1294, 87-1304 and 87-1367.

843 F.2d 1497 (1988)

NEW JERSEY ZINC COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Philadelphia Electric Company, Carbonaire Company, Inc., Intervenors. TENNESSEE GAS PIPELINE COMPANY, A DIVISION OF TENNECO INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Commonwealth Gas Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 15, 1988.


Attorney(s) appearing for the Case

Michael T. Mishkin, Washington, D.C., for petitioner in No. 87-1262.

Kathleen T. Puckett, Houston, Tex., with whom Terence J. Collins, Washington, D.C., and Robert W. Baker, Houston, Tex., were on the brief, for petitioner in Nos. 87-1294, et. al.

James Howard and Robert H. Benna, Washington, D.C., also entered appearances, for petitioner in Nos. 87-1294, et al.

Joanne Leveque, F.E.R.C., with whom, Catherine C. Cook, General Counsel and Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., were on the brief, for respondent in No. 87-1262.

Frank R. Lindh, F.E.R.C., with whom, Catherine C. Cook, General Counsel, and Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., were on the brief, for respondent in Nos. 87-1294, et al.

Joanne Leveque, John Estes, and Hanford O'Hara, F.E.R.C., Washington, D.C., also entered appearances, for respondent in Nos. 87-1294, et al.

Charles H. Shoneman, Washington, D.C., was on the brief, for intervenor, Carbonaire Co., Inc. in No. 87-1262.

Robert A. MacDonnell, Philadelphia, Pa., entered an appearance, for intervenor, Philadelphia Elec. Co. in No. 87-1262.

Joseph M. Oliver, Jr. and M. Lisanne Crowley, Washington, D.C., were on the brief, for intervenor, Commonwealth Gas Co. in Nos. 87-1294, et al.

Before RUTH BADER GINSBURG and BUCKLEY, Circuit Judges, and RE, Chief Judge (Court of International Trade).


Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

Petitioners New Jersey Zinc Co. and Tennessee Gas Pipeline Co. seek review of four Federal Energy Regulatory Commission (Commission or FERC) orders, each of which imposed durational limitations on requested certificates of public convenience and necessity.1 For the reasons stated below...

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